The former deputy president, Rigathi Gachagua, has withdrawn his quest to reclaim his position in his fight against his impeachment through the court, instead shifting focus to compensation and alleged constitutional violations.
Appearing before a three-judge bench comprising Eric Ogolla, Anthony Mrima and Freda Mugambi on Monday, his legal team said the amended petition no longer seeks his return to the deputy presidency.
Senior Counsel Paul Muite, who is leading the case, told the court that Gachagua is now pursuing compensation for what he described as an unlawful removal from office.
“The petitioner has abandoned the prayer for reinstatement as Deputy President,” the court was told.
Instead, the petition seeks remuneration, damages and other losses arising from what the defence termed a procedurally flawed impeachment process carried out by Parliament.
Gachagua argues that his removal was unconstitutional and failed to meet key legal thresholds, particularly on public participation.
He claims the exercise was not meaningful, alleging that members of the public were only presented with accusations without sufficient information to form balanced views.
According to his legal team, the process was designed to justify a predetermined outcome rather than genuinely collect public opinion.
“For the period of the two years that Gachagua served as the Deputy President, it is our submission that Article 151 of the Constitution is applicable. Impeachment cannot have been retrospective,” Muite said.
The former deputy president further contends that the procedures leading to his removal disregarded constitutional safeguards and denied him a fair hearing. His lawyers told the court that he was unable to defend himself fully during the Senate proceedings.
“On the day he was supposed to defend himself, he fell ill. The Senate went ahead to impeach him by approving 5 out of 11 charges. There was absolutely no attempt by the National Assembly and the Senate to apply their minds to the gross violation of the constitution,” Muite argued.
He also challenged the substance of the accusations, saying: “What is alleged must be serious, substantial and weighty. The allegations were vague, lacking in detail and wholly unfounded.”
The court heard that Gachagua has presented 18 arguments for determination by the bench, covering both procedural and constitutional issues surrounding his impeachment.
Further hearings in the case have been scheduled for May 7 and May 8, after the court indicated it would not sit on consecutive days due to commitments related to interviews for Supreme Court judges.